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was read his miranda rights. the special agent who filed the complaint would that according to surveillance footage. younger suspect lifted the phone to his ear shortly about before the second blast. after he finishes you see people around him react to the first explosion. bomber two virtually alone in front of the individuals in front of the restaurant while he appears calm. he walks away without his knapsack, having left it on the ground where he had been standing. approximately ten seconds later an explosion occurs in that location where bomber two had placed his knapsack. and another major development, the white house said it would not designate the suspect an enemy combatant. we will have more on the legal aspect of this coming up later this hour. as of this hour dzhokhar is in serious condition. he is unable to speak because of a gunshot to the throat which we believe was self-inflicted. he's communicating by writing and nodding his head. as authorities move forward in a of in their investigation, tritening information about the radical past of the brothers is in fact emerging. both t
't -- he shouldn't be mirandaized right away. i know you agree with them. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were pl
. that was a controversial thing at the time. people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among other things, in t
him before he receives miranda warning is the right thing to do. a short time ago, the aclu put out a statement saying every defendant is entitled to defend miranda lights. five lawmakers want him treated as an enemy combatant. 53 people remain in boston hospitals today, three in critical condition, including a 7-year-old girl. nbc news national investigative correspondent michaels i cough is in boston, ron allen outside boston's beth israel medical center where the suspect and many of the victims are being kept and kristen we willinger at the white house, let's get to the latest on investigation. for that, we turn to michaels i cough, again, in boston. what is the fbi focusing on today and moving forward? >> reporter: federal prosecutors are focusing on drafting a criminal complaint we could see as early as this afternoon, detailing the criminal charges against him supported by an affidavit from an fbi agent that would lay out some details of the plot. not all of them but could provide crucial new information for us about what tsarnaev actually did and raise and shed some light on
by federal authorities. but in the beginning, he will not be given the usual miranda warning about the right to remain silent. instead, the government will invoke a rule that allows questioning a suspect without giving advice of rights. >> there is a public safety exemption in cases of national security, and central charges involving acts of terrorism, and so government has that opportunity right now. >> the government invoked that same rule in the case of the so-called underwear bomber. as in his case, it allows questioning to learn of any potential plots or accomplices that could present a continuing threat. >> the first questions the fbi will focus on are specific threats that he might be aware of. likely, are there any other improvised explosive devices? were there other people working in the network? the sorts of things that go directly to whether or not there's a continuing threat to public safety. >> reporter: he'll face charges brought by the justice department, because terrorism is a federal crime with a trial in a regular civilian court. and as in other high profile terrorism cases
be read his miranda rights. moving past the politics of it because it seems to get a little poe lit kal, as a former member of fbi how does whether or not the suspect is read his miranda rights influence or impact your investigation? >> it really becomes irrelevant. good report-based interviewers and interrogators who are the ones most effective. the fbi doesn't do that because we're nice. we do that because it worked. in reported based interviewers miranda they can read that and continue. it is not a major obstacle. it is almost irrelevant. jenna: really? we're hearing a it is a major issue whether we get to the bottom of this investigation. so what should we consider as we continue to hear the debate ongoing over the next several days? >> it doesn't, it really doesn't make that much difference to the interviewers and especially the particular group of profile he is -- profilers they developed at quantico, at the fbi academy. this is not terribly relevant. they can sit down with the people. they can interview them. they look for behavioral cues. they look for a way to establish a relat
suspect as enemy combat tant. remember, he wasn't read his miranda rights. what would it mean? and why is it important? the constitutional attorney will weigh in on this when we come back. morning, brian! loveour passat! um. listen, gary. i bought the lt one. nice try. says right here you can get one for $199 a month. you can't believe the lame-stream media, gary. they're all gone. maybe i'll get one. [ male announcer ] now everyone's going to want one. you can't have the same car as me, gary! i'm gett' one. nope! [ male announcer ] volkswagen springtoberfest is here and there's no better time to get a passat. that's the power of german engineering. right now lease one of four volkswagen models for under $200 a month. visit vwdealer.com today. the battle of bataan, 1942. [ all ] fort benning, georgia, in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance
analyst. the 19-year-old has not been read his miranda rights. why does this matter what has it allowed for? what is the issue here? >> a lot of variables here, the question is he in any kwan condition to answer questions with or without miranda? what is his health situation? also, even if he doesn't get miranda warnings, he may decline to answer questions in any case. they can't force him to answer questions, but if he does not receive miranda warnings and if he then anticipates questions those answers cannot be used in a criminal case against him. they can be used for intelligence gathering. they can be used if there are other conspirators who may be prosecuted, can't be used against him. other evidence can be used against him. may be lots of other evidence. if you don't get miranda warnings, your statements i can't be used against you. >> so this is a sensitive issue. another sensitive issue raised by republican senators, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status.
gathering purposes since he's been president. when we read these people their miranda rights and give them a lawyer the only way you can gather intelligence is if the terror suspect and the lawyer will allow you to do so. intelligence gathering through plea bargaining is not going to make us safe. jenna: so we spoke to a former member of the fbi on our show yesterday that seems to not have a problem with miranda rights, that is their opinion. we'll see what they get as far as information from this one suspect. >> can i mention something. jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to
okayed the suspension of the suspect's miranda rights. is that a temporary suspension? >> reporter: yes, by law it is. it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrog
with the questions out receiving miranda warnings but the only downside is that his statements may not be used against him at trial. this is not much of a risk when you consider the other available evidence including photo images of him at the scene of the bombings and his own reported confession to the victim whose car he helped hijack during the last week's terror in boston. . but if your concern is over the larger threat in who the tsarnaev brothers were and are, what they did and what they represent, then worry a lot. for starters, you you can worry about how the high-value intergage group or h.i.g., will do its work. that unit was finally put in place by the f.b.i. after so-called underwear bomber tried to blow up the airplane in which he was traveling as it flew over detroit on christmas day, 2009. and was advise of his mir and da rights. the c.i.a. interrogation program that might have handleled the interview had by then been dismantled by president obama. at the behest of such muslim brotherhood affiliated groups as the council on american islamic relations, and the islamic society of
will be given his miranda rights. is he a u.s. citizen? and under the constitution considered innocent until proven guilty? is he an enemy combatant? >> that's one of the political arguments happening in this town right now. you end up having people from the aclu, other supporters of civil liberties in saying that people like timothy mcvay who was a domestic terrorist was read miranda rights and the same thing should happen to the brothers. on the other hand you do have the same two senators i just talked about on immigration legislation, john mccain and lindsey graham who said this person is a terrorist should not have miranda rights. it seems the obama administration is going to be straddling the middle ground as they did a couple years ago in that you wait some time before giving them their miranda rights to make sure there's no types of threats to the public safety before reading those rights. and that seems to be the course the obama administration will be taking. >> your network is the subject of two articles i want to bring to our audience's attention nourl national journal and the he
-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly what tsarnaev's medical condition is and how many questions he can answer. apparently he's answering some questions in writing. so i don't really see lindsey graham's proposal as all that differentwhat's going on now. he seems to suggest a longer process of questioning him, but the obama administration has also committed to some period of questioning. now, this all assumes that he's willing to answer questions. can he always samp simply say it answering questions and there is no way either under enemy combatant rules or in the criminal justice system to force someone to answer questions who doesn't want to answer them. >> the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there
with american citizens. it allows the justice department to delay reading a suspect his miranda rights if doing so is in the interest of -- quote -- "public safety." the administration had rightly invoked this public safety exception in the case of the boston suspect which provided our national security professionals a discreet period of time to gather intelligence from the suspect without the presence of his lawyer. however, soon after questioning him this way, the administration recently reversed itself and read the suspect his miranda rights. in doing so, the administration, in my view, gave up a valuable opportunity to lawfully and thoroughly question the suspect for purposes of gathering intelligence about potential future terrorist plots. whether we will be able to acquire such information has now been left entirely at the discretion of the suspect and his lawyer. put simply, the suspect has been told he has the right to remain silent, and if he doesn't want to provide intelligence, he doesn't have to. is this a responsible balance between a citizen's rights and our national security? the
administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot from this. the reason is this
news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on that? >> reporter: absolutely silent, alex.
was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where and were there additional explosives. the source of things you want to know immediately in order to protect the public. presumably base wanted on what we are hearing, those are the questions they asked and the kinds of responses prior to the first appearance yesterday. >> that would fit in with the public safety exception in the there a in providing the miranda rights to this criminal defendant as he now is, charges have been read to him. fran, we'll stay in close touch with you, fran townsend. much more from boston in just a moment. other news that we're watching as well. the fbi, back in washington, up on capitol hill, lawmake
bomber was mirandized within 45 minutes. i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's soim, abu gazey is in the federal system today and read miranda rights. never designated enemy combatant. can you imagine what osama bin laden's son-in-law could tell us about the terrorist organizations? he was the spokesman for al qaeda after 9/11. so there's a disturbing pattern here, quite frankly, of not gathering intelligence when that opportunity exists. thank you very much. i have to go. i will get a pen and pad and go next door to answer any questions if you have about the f.b.i. and, again, we're going to absorb a moment of silence here for the f
want the boston bombing suspect treated as an enemy combatants, sparking miranda debate. key republicans are calling on the obama administration to declare the 19-year-old suspect an enemy combatant subject to the loss of four, so intelligence officials can continue to interrogate him for as long as they deem necessary. authorities captured him in watertown, mass. friday evening. they are invoking the public .afety exception he remains hospitalized under sedation and remains unclear what kind of communication they are able to have him at the moment. judy is on the phone from north carolina, independent line. good morning, and welcome to the program. caller: thank you. my thought on the issue is that we are a large nation, an all- inclusive nation, and i believe that the boy scouts is a private organization and has the right to determine who their membership is. i believe there should be a third organization that some of the gay-rights people should put into place, and that would be the rainbow scouts. then they can put all the lbb tea in anything they wanted, -- lgbt. republi
reading him his miranda rights. and altogether more formation however, the obama administration pointed out that they cannot charge as enemy combat, because the bombing suspect is a u.s. citizen. >> a memorial service was held yesterday's four lingi lu another victim chris campbell was laid to rest earlier in the day. a moment of silence was held to rob the victims'. the boston mayor except the american flag that have flown at half staff of the marathon finish line. it was symbolic transition at the fbi had a busy boston corridor crime scene back over to the city. >> the invitees police officer and was killed lay to rest tomorrow. vice- president joe biden is expected to attend. meanwhile wilson street will be open to residents and business owners tomorrow. >> we will continue to bring you the latest updates on the suspect in the victim of the boston marathon. >> coming up at 815 we have legal analyst jim hammer into talk more about charges of the 19 year-old faces. >> iran is deny any link to the two suspects started plotting a terrorist attack against canadian passenger train. canadia
and he was read his miranda rights and designated to enemy combatants. the son-in-law of osama bin laden is in the federal system today. he was read his rights. he has never been designated enemy combatants. can you imagine what osama bin laden's son-in-law catullus about the terrorist organization? he was the spokesman for al qaeda after 9/11. there's a disturbing pattern here of not gathering intelligence when the opportunity exists. thank you very much. i have to go. to answer next door any questions you have about the fbi. we will observe a moment of silence with the folks in boston. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2013] >> stakeholders from various industries and advocacy groups testified on capitol hill about the pros and cons of the senate gang of eight immigration bill. senator mccain, chuck schumer, dick durbin, lindsey graham, robert menendez, marco rubio, jeff blake, and michael bennet are the architects of the legislation. the first witness will be the three-time utah attorney general. a partner in a w
Search Results 0 to 21 of about 22 (some duplicates have been removed)

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